Patna High Court

Raja KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH PRAVEEN KUMAR

Holding

The court granted liberty to the petitioner to file a petition under Rule 12(A) and directed the Collector to consider it within the prescribed time.

Summary

Raja Kumar filed a writ petition seeking the release of his Mahindra Marazzo vehicle that had been seized after authorities recovered 103.68 liters of illicit foreign liquor, invoking sections 30(a), 32(i)(ii) and 41(i)(ii) of the Bihar Prohibition and Excise Act, 2016. The petitioner requested liberty to file a petition under Rule 12(A) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of the vehicle on payment of a penalty. The State argued that such a petition could be considered only if it had not been previously decided. The High Court held that granting liberty was fit and proper, directing the Collector to entertain the Rule 12(A) petition if filed within three weeks and to issue a reasoned order within six weeks. Consequently, the writ petition was disposed subject to the stipulated terms.

Issues considered

Whether the petitioner is entitled to liberty to file a petition under Rule 12(A) of the Bihar Prohibition and Excise (Amendment) Rules, 2023 for release of a seized vehicle.
Whether such a petition can be entertained if it has not been previously decided.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(i)(ii), 41(i)(ii)

Subjects

vehicle seizure
illicit liquor
Bihar Prohibition and Excise Act
Rule 12(A)
writ petition
release of seized property
penalty

Judgment

                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.20886 of 2025
                 ======================================================
                 Raja Kumar Son of Daroga Sahani, Resident of Village- Kerwan Dih, P.S.-
                 Kudhni, District- Muzaffarpur.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Development of
                 Registration and Excise, Government of Bihar.
           2.    The District Magistrate, Kaimur at Bhabhua.
           3.    The Superintendent of Police, Kaimur at Bhabhua.
           4.    The Sub-Divisional Officer, Kaimur at Bhabhua.
           5.    The S.H.O., Prohibition and Excise Police Station, District- Kaimur at
                 Bhbhua.

                                                                ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Priyesh Kumar
                 For the Respondent/s   :      Mr. Government Pleader (05)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                          and
                          HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                          ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   12-01-2026               The present writ petition has been filed for

                  directing the respondent authorities to release Mahindra

                  Marazzo STR M2 vehicle bearing registration No.

                  BR26PA-3657,         Chassis     No.     MA1WA2ES1J2M17812

                  (MA1W2ES1J2M17812), Engine No. ESJZL08094, which

                  has been seized on account of recovery of 103.68 liters

                  of illicit foreign liquor, leading to registration of Kaimur

                  (Bhabhua) Excise P.S. Case No. 647 of 2025 dated
Patna High Court CWJC No.20886 of 2025(2) dt.12-01-2026
                                           2/3




          12.10.2025 under Section 30(a), 32(i)(ii), 41(i)(ii) of the

          Bihar Prohibition and Excise Act, 2016.

                      2. At the outset, the learned counsel for the

          petitioner seeks liberty on behalf of the petitioner to file

          appropriate petition under Rule 12(A) of the Bihar

          Prohibition and Excise (Amendment) Rules, 2023

          (hereinafter referred to as the ‘Rules, 2023’) for release

          of the vehicle on payment of penalty.

                      3. Per contra, the learned counsel for the

          respondent-State submits that in case appropriate

          petition is filed by the petitioner under Rule 12(A) of the

          Rules, 2023, the same would definitely be considered, in

          accordance with law, in case such petition of the

          petitioner has not already been decided earlier.

                      4. Having regard to the facts and circumstances

          of the case, we deem it fit and proper to grant liberty to

          the petitioner to file appropriate petition under Rule

          12(A) of the Rules, 2023 and in case, such a petition is

          filed within a period of three weeks from today, the

          learned Collector, Kaimur at Bhabhua shall consider the

          same, in accordance with law, and pass a reasoned and
            Patna High Court CWJC No.20886 of 2025(2) dt.12-01-2026
                                                       3/3




                      speaking order within a period of six weeks thereafter.

                                  5. Accordingly, the present writ petition stands

                      disposed of on the aforesaid terms.


                                             (Mohit Kumar Shah, J)


                                                ( Praveen Kumar, J)
brajesh/-

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